The Convention on Cybercrime, signed in November 2001, became the first international treaty on crimes committed via the internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security.
It also contains a series of more controversial powers and procedures such as the search of computer networks and interception.
The Council of Europe has 43 Member States, many more than the European Union with which it is often confused. Its members developed the Convention over the past four years with the co-operation of the US, Canada, Japan and other non-member countries.
The new Protocol was passed by the Council of Europe's Committee of Ministers on 7th November. It defines racist and xenophobic material as "any written material, any image or any other representation of ideas or theories, which advocates, promotes or incites hatred, discrimination or violence, against any individual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion if used as a pretext for any of these factors."
The measure would make it an offence to distribute or otherwise make available such material on a web site. The term "make available" covers links to such web sites. The term "to the public" means that private communications or expressions transmitted by e-mail will fall outside the scope of the Protocol.
The Protocol also requires Member States to adopt legislative measures against internet material which "denies, minimises, approves or justifies acts constituting genocide or crimes against humanity" – such as Holocaust denial web sites.
Many EU Member States have already adopted domestic legislation against internet racism. The protocol aims to harmonise these laws and improve international co-operation in this area.
However, in the US, the dissemination of offensive material through the internet is generally protected as free speech. Accordingly, while the US supported the Convention on Cybercrime and was consulted on the drafting of the Protocol, it is not expected to sign it.
The protocol can be downloaded as an 18-page PDF.
The Convention on Cybercrime is available at:
http://conventions.coe.int/Treaty/EN/projets/FinalCybercrime.htm